Amod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5304 of 2021 ====================================================== AMOD KUMAR S/o Late Rambilash Prasad Resident of village- Diyawan, P.s.- Karaiparsurai, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna 2.

The Collector, Nalanda at Biharsharif 3.

The Sub Divisional Officer, Hilsa, District- Nalanda 4.

The block Supply Officer, Karaiparsurai, District- Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr.Dhananjaya Nath Tiwari, Advocate Ms. Preety Kumari, Advocate For the Respondent/s :

Mr. U.P. Singh, AC to SC ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE S. KUMAR ) 21-12-2021 Petitioner has prayed for the following relief(s): "For setting aside the order contained in memo no. 748 dated 23.02.2019 passed by the Learned Sub Divisional Officer, Hilsa by which he was pleased to cancel the PDS license being license no. 14/2017 granted to the petitioner's father only on the ground that no show cause notice was filed/received by the learned S.D.O. within the specified time mentioned in the order dated 23.02.2019."

Learned counsel for the petitioner submits that

Patna High Court CWJC No.5304 of 2021(2) dt.21-12-2021 2/3 petitioner shall be content if a direction is issued to the concerned authority to consider and decide the Appeal/Revision to be filed by the petitioner within a period of four weeks along with a copy of this order, within a period of four weeks from the date of its filing.

Without expressing any opinion on merits of the claim, petition is disposed of with the liberty aforesaid. All issues on facts and law are left open.

Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms.

Patna High Court CWJC No.5304 of 2021(2) dt.21-12-2021 3/3 Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- U